Bank of Syracuse v. . Hollister
New York Court of Appeals
Appeal from the Supreme Court. The action was against John Hollister as indorser of a promissory note, made by F. Hollister, April 6th, 1851, for the payment of $2750, one year after date, at the Bank of Utica. The trial was had at the Onondaga Circuit, before Mr. Justice Allen, without a jury.
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Appeal from the Supreme Court. The action was against John Hollister as indorser of a promissory note, made by F. Hollister, April 6th, 1851, for the payment of $2750, one year after date, at the Bank of Utica. The trial was had at the Onondaga Circuit, before Mr. Justice Allen, without a jury. It was proved that on the 9th of April, 1852, when the note became due, it was brought by a clerk of the plaintiff to the paying and receiving teller of the Bank of Utica, who was also a notary public, at his boarding-house in that city, at half past six in the evening, and delivered to him for…
1Opinion of the CourtHarris, J.
Two questions are involved in the decision of this case: First. Relating to the .time of presenting the note for payment; Second. The manner of presentment.
As to the time: The note was payable at the Bank of Utica. By making it thus payable, the maker agreed that the note should be paid during the usual business hours of the day upon which it matured. The holder also agreed that the note should be presented for payment within the same tirtie. In giving effect to the contract the law presumes that the parties intended to conform to the known and established course of business at the place…
2Cases cited6 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Fullerton v. President of the Bank of the United StatesSupreme Court of the United States · 1828
- Bank of Utica v. SmithNew York Supreme Court · 1820
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Ogden v. DobbinThe Superior Court of New York City · 1829
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- Oothout v. BallardNew York Supreme Court · 1864
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